When does a court decision become final? It used to be when the Supreme Court handed down a decision for execution and no more appeals for reconsideration were entertained. Now that rule has been upended and the nation’s highest court has opened the doors to endless litigation with its bizarre flip-flopping on a case involving the conversion of municipalities into cities.
The flip-flopping was not just the first but the third on a decision that was supposed to be for execution, and it’s not just the legal profession that is appalled. Even non-legal experts are concerned about the consequences of a justice system where there are no limits to the number of times that the SC can change its mind. The case involves the conversion of 16 municipalities into cities. The League of Cities of the Philippines opposed the conversion, arguing that the 16 did not meet the income requirement as stipulated in the amended Local Government Code. In the latest reversal, the SC ruled in favor of the 16 municipalities.
This sorry situation aggravates the environment of uncertainty that has made investors skip the Philippines in favor of neighboring countries with more predictable policies, laws and regulations. The inability to render a truly final court decision compounds the glacial pace of litigation in this country. The slow administration of justice has unjustly punished the innocent, denied justice to crime victims, deterred investment and hampered economic growth.
The League of Cities is considering two options. It can file an impeachment case against the SC justices who voted for the latest reversal. Or, since the SC can reverse itself three times, why not a fourth? Another motion for reconsideration can be filed. When will the litigation end? Not until better men and women sit in the nation’s court of last resort.